#THE ADMIRALTY (JURISDICTION AND SETTLEMENT OF MARITIME CLAIMS) ACT, 2017 
___________ 

##ARRANGEMENT OF SECTIONS 
__________ 

###CHAPTER I 

###PRELIMINARY 

SECTIONS 

1. Short title, application and commencement. 
2. Definitions. 

###CHAPTER II 

###ADMIRALTY JURISDICTION AND MARITIME CLAIMS 

3. Admiralty jurisdiction. 
4. Maritime claim. 
5. Arrest of vessel in *rem.* 
6. Admiralty jurisdiction *in personam.* 
7. Restrictions on actions *in personam* in certain cases. 
8. Vesting of rights on sale of vessels. 
9. *Inter se* priority on maritime lien. 
10. Order of priority of maritime claims. 
11. Protection of owner, demise charterer, manager or operator or crew of vessel arrested. 

###CHAPTER III 

###PROCEDURE AND APPEALS 

12. Application of Code of Civil Procedure. 
13. Assistance of assessors. 
14. Appeal. 
15. Transfer of proceedings by Supreme Court. 

###CHAPTER IV 

###MISCELLANEOUS 

16. Power to make rules. 
17. Repeal and savings. 
18. Power to remove difficulties. 


 
#THE ADMIRALTY (JURISDICTION AND SETTLEMENT OF MARITIME CLAIMS) ACT, 2017 

##ACT NO 22 OF 2017 

[9th August, 2017.] 

An  Act  to  consolidate  the  laws  relating  to  admiralty  jurisdiction,  legal  proceedings  in  connection  with 
  vessels, their arrest, detention, sale and other matters connected therewith or incidental thereto. 

  BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:— 

###CHAPTER I 

###PRELIMINARY 

1. **Short title, application and commencement.**—(1)  This  Act  may  be  called  the  Admiralty 
(Jurisdiction and Settlement of Maritime Claims) Act, 2017. 

(2) It shall apply to every vessel, irrespective of the place of residence or domicile of the owner: 

  Provided that this Act shall not apply to an inland vessel defined in clause (a) of sub-section (1) of 
section  2  of the  Inland  Vessels  Act,  1917  (1  of  1917),  or  a  vessel  under  construction 
that has not been launched unless it is notified by the Central Government to be a vessel for the purposes 
of this Act: 

  Provided further that this Act shall not apply to a warship, naval auxiliary or other vessel owned or 
operated by the Central or a State Government and used for any non-commercial purpose, and, shall also 
not apply  to  a foreign  vessel  which  is  used  for any  non-commercial  purpose  as may  be  notified  by the 
Central Government. 

(3) It shall come into force on such date as the Central Government may, by notification in the Official 
Gazette, appoint. 

2. **Definitions.**—(1) In this Act,— 

  (a) “admiralty jurisdiction” means the jurisdiction exercisable by a High Court under section 3, in 
respect of maritime claims specified under this Act; 

  (b) “admiralty  proceeding”  means  any  proceeding  before  a  High  Court,  exercising  admiralty 
jurisdiction; 

  (c) “arrest”  means  detention  or  restriction  for  removal  of  a  vessel  by  order  of  a  High  Court  to 
secure  a  maritime  claim  including  seizure  of  a  vessel  in  execution  or  satisfaction  of  a  judgment  or 
order; 

  (d) “goods” means any property including live animals, containers, pallets or such other articles of 
transport or packaging or luggage irrespective of the fact whether such property is carried, on or under 
the deck of a vessel; 

  (e) “High Court”, in relation to an admiralty proceeding, means any of the High Court of Calcutta, 
High Court of Bombay, High Court of Madras, High Court of Karnataka, High Court of Gujarat, High 
Court  of  Orissa,  High  Court  of  Kerala,  High  Court  of  Judicature  at  Hyderabad  for  the  State  of 
Telangana and the State of Andhra Pradesh or any other High Court, as may be notified by the Central 
Government for the purposes of this Act; 

  (f) “maritime claim” means a claim referred to in section 4; 

  (g) “maritime  lien”  means  a  maritime  claim  against  the  owner,  demise  charterer,  manager  or 
operator  of  the  vessel  referred  to  in  clauses  (a)  to  (e)  of  sub-section  (1)  of  section  9,  which  shall 
continue to exist under sub-section (2) of that section; 

  (h) “notification” means a notification published in the Official Gazette; 

  (i) “port” shall have the same meaning as assigned to it in the Indian Ports Act, 1908 (15 of 1908); 

  (j) “prescribed” means prescribed by rules made by the Central Government under this Act; 

  (k) “territorial  waters”  shall  have  the  same  meaning  as  assigned  to  it  in  the  Territorial  Waters, 
Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 (80 of 1976); and 

  (l) “vessel” includes any ship, boat, sailing vessel or other description of vessel used or constructed 
for  use  in  navigation  by  water,  whether it is  propelled  or  not,  and includes a  barge,  lighter  or other 
floating vessel, a hovercraft, an off-shore industry mobile unit, a vessel that has sunk or is stranded or 
abandoned and the remains of such a vessel. 

  *Explanation.*—A vessel shall not be deemed to be a vessel for the purposes of this clause, when it 
is broken up to such an extent that it cannot be put into use for navigation, as certified by a surveyor. 

(2) The words and expressions used herein but not defined and defined in the Merchant Shipping Act, 
1958  (44 of 1958) shall have the meanings respectively assigned to them in that Act. 

###CHAPTER II 

###ADMIRALTY JURISDICTION AND MARITIME CLAIMS 

3. **Admiralty jurisdiction.**—Subject to the provisions of sections 4 and 5, the jurisdiction in respect 
of all maritime claims under this Act shall vest in the respective High Courts and be exercisable over the 
waters  up to and including  the territorial  waters  of their respective jurisdictions in  accordance  with the 
provisions contained in this Act: 

  Provided that the Central Government may, by notification, extend the jurisdiction of the High Court 
up to the limit as defined in section 2 of the Territorial Waters, Continental Shelf, Exclusive Economic 
Zone and Other Maritime Zones Act, 1976 (80 of 1976). 

4. **Maritime claim.**—(1) The High Court may exercise jurisdiction to hear and determine any question 
on a maritime claim, against any vessel, arising out of any— 

  (a) dispute  regarding  the  possession  or  ownership  of  a  vessel  or  the  ownership  of  any  share 
therein; 

  (b) dispute between the co-owners of a vessel as to the employment or earnings of the vessel; 

  (c) mortgage or a charge of the same nature on a vessel; 

  (d) loss or damage caused by the operation of a vessel; 

  (e) loss  of  life  or  personal  injury  occurring  whether  on  land  or  on  water,  in  direct  connection 
with the operation of a vessel; 

  (f) loss or damage to or in connection with any goods; 

  (g) agreement  relating  to  the  carriage  of  goods  or  passengers  on  board  a  vessel,  whether 
contained in a charter party or otherwise; 

  (h) agreement  relating  to the  use  or  hire of the  vessel,  whether contained in  a  charter  party  or 
otherwise; 

  (i) salvage services, including, if applicable, special compensation relating to salvage services in 
respect of a vessel which by itself or its cargo threatens damage to the environment; 

  (j) towage; 

  (k) pilotage; 

  (l) goods, materials, perishable or non-perishable provisions, bunker fuel, equipment (including 
containers), supplied or services rendered to the vessel for its operation, management, preservation 
or maintenance including any fee payable or leviable; 

  (m) construction, reconstruction, repair, converting or equipping of the vessel; 

  (n) dues in connection with any port, harbour, canal, dock or light tolls, other tolls, waterway or 
any charges of similar kind chargeable under any law for the time being in force; 

  (o) claim by a master or member of the crew of a vessel or their heirs and dependents for wages or 
any  sum  due  out  of  wages  or  adjudged  to  be  due  which  may  be  recoverable  as  wages  or  cost  of 
repatriation  or  social  insurance  contribution  payable  on  their  behalf  or  any  amount  an  employer  is 
under an obligation to pay to a person as an employee, whether the obligation arose out of a contract 
of  employment  or  by  operation  of  a  law  (including  operation  of  a  law  of  any  country)  for  the  time 
being  in  force,  and  includes  any  claim  arising  under  a  manning  and  crew  agreement  relating  to  a 
vessel, notwithstanding anything contained in the provisions of sections 150 and 151 of the Merchant 
Shipping Act, 1958 (44 of 1958); 

  (p) disbursements incurred on behalf of the vessel or its owners; 

  (q) particular average or general average; 

  (r) dispute arising out of a contract for the sale of the vessel; 

  (s) insurance premium (including mutual insurance calls) in respect of the vessel, payable by or 
on behalf of the vessel owners or demise charterers; 

  (t) commission, brokerage or agency fees payable in respect of the vessel by or on behalf of the 
vessel owner or demise charterer; 

  (u) damage  or  threat  of  damage  caused  by  the  vessel  to  the  environment,  coastline  or  related 
interests;  measures  taken  to  prevent,  minimise,  or  remove  such  damage;  compensation  for  such 
damage; costs of reasonable measures for the restoration of the environment actually undertaken or to 
be undertaken; loss incurred or likely to be incurred by third parties in connection with such damage; or 
any other damage, costs, or loss of a similar nature to those identified in this clause; 

  (v) costs or expenses relating to raising, removal, recovery, destruction or the rendering harmless of 
a vessel which is sunk, wrecked, stranded or abandoned, including anything that is or has been on board 
such vessel, and costs or expenses relating to the preservation of an abandoned vessel and maintenance 
of its crew; and 

  (w) maritime lien. 

*Explanation.*—For  the  purposes  of  clause  (q),  the  expressions  “particular  average”  and  “general 
average”  shall  have  the  same  meanings  as  assigned  to  them  in  sub-section  (1)  of  section  64  and 
sub-section (2) of section 66 respectively of the Marine Insurance Act, 1963 (11 of 1963). 

(2) While exercising jurisdiction under sub-section (1), the High Court may settle any account outstanding 
and unsettled between the parties in relation to a vessel, and direct that the vessel, or any share thereof, shall 
be sold, or make such other order as it may think fit. 

(3) Where the High Court orders any vessel to be sold, it may hear and determine any question arising 
as to the title to the proceeds of the sale. 

(4) Any vessel ordered to be arrested or any proceeds of a vessel on sale under this Act shall be held as 
security against any claim pending final outcome of the admiralty proceeding. 

5. **Arrest of vessel in** *rem.*—(1) The High Court may order arrest of any vessel which is within its 
jurisdiction  for  the  purpose  of  providing  security  against  a  maritime  claim  which  is  the  subject  of  an 
admiralty proceeding, where the court has reason to believe that— 

  (a) the person who owned the vessel at the time when the maritime claim arose is liable for the claim 
and is the owner of the vessel when the arrest is effected; or 

  (b) the demise charterer of the vessel at the time when the maritime claim arose is liable for the 
claim and is the demise charterer or the owner of the vessel when the arrest is effected; or 

  (c) the claim is based on a mortgage or a charge of the similar nature on the vessel; or 

  (d) the claim relates to the ownership or possession of the vessel; or 

  (e) the  claim  is  against  the  owner,  demise  charterer,  manager  or  operator  of  the  vessel  and  is 
secured by a maritime lien as provided in section 9. 

(2) The  High  Court  may  also  order  arrest  of  any  other  vessel  for  the  purpose  of  providing  security 
against a maritime claim, in lieu of the vessel against which a maritime claim has been made under this 
Act, subject to the provisions of sub-section (1): 

  Provided that no vessel shall be arrested under this sub-section in respect of a maritime claim under 
clause (a) of sub-section (1) of section 4. 

6. **Admiralty jurisdiction in** *personam.*—Subject  to  section  7,  the  High  Court  may  exercise 
admiralty jurisdiction by action in *personam* in respect of any maritime claim referred to in clauses (a) to 
(w) of sub-section (1) of section 4. 

7. **Restrictions on actions** *in personam* **in certain cases.**—(1) Where any maritime claim arising in 
respect of a damage or loss of life or personal injury arising out of any— 

  (i) collision between vessels, 

  (ii) the carrying out of or omission to carry out, a manoeuvre in the case of one or more vessels, 

  (iii)  non-compliance,  on  the  part  of  one  or  more  vessels,  with  the  collision  regulations  made  in 
pursuance of section 285 of the Merchant Shipping Act, 1958 (44 of 1958), 

the High Court shall not entertain any action under this section against any defendant unless— 

  (a) the cause of action, wholly or in part, arises in India; or 

  (b) the defendant, at the time of commencement of the action by the High Court, actually and 
voluntarily resides or carries on business or personally works for gain in India: 

  Provided that an action may be entertained in a case, where there are more defendants than one and 
where  one  of  the  defendants  who  does  not  actually  and  voluntarily  reside  or  carry  on  business  or 
personally work for gain in India is made a party to such action either with the leave of the court, or 
each of the defendants acquiesces in such action. 

(2) The High Court shall not entertain any action in personam to enforce a claim to which this section 
applies  until  any  proceedings  previously  brought  by  the  plaintiff  in  any  court  outside  India  against  the 
same  defendant  in  respect  of  the  same  incident  or  series  of  incidents  have  been  discontinued  or  have 
otherwise come to an end. 

(3) The  provisions  of  sub-section  (2)  shall  apply  to  counter-claims  as  they  apply  to  actions  except 
counter-claims in proceedings arising out of the same incident or series of incidents. 

(4) A reference to the plaintiff and the defendant for the purpose of sub-section (3) shall be construed 
as reference to the plaintiff in the counter-claim and the defendant in the counter-claim respectively. 

(5) The  provisions  of  sub-sections  (2)  and  (3)  shall  not  apply  to  any  action  or  counter-claim  if  the 
defendant submits or agrees to submit to the jurisdiction of the High Court. 

(6) Subject  to  the  provisions  of  sub-section  (2),  the  High  Court  shall  have  jurisdiction  to  entertain  an 
action  in  personam  to  enforce  a  claim  to  which  this  section  applies  whenever  any  of  the  conditions 
specified, in clauses (a) and (b) of sub-section (1) is satisfied and any law for the time being in force relating 
to the service of process outside the jurisdiction shall apply. 

8. **Vesting of rights on sale of vessels.**—On the sale of a vessel under this Act by the High Court in 
exercise  of its  admiralty jurisdiction, the  vessel  shall vest  in  the  purchaser  free from  all  encumbrances, 
liens, attachments, registered mortgages and charges of the same nature on the vessel. 

9. *Inter se* **priority on maritime lien.**—(1) Every maritime lien shall have the following order of inter se 
priority, namely 

  (a) claims  for  wages  and  other  sums  due  to  the  master,  officers  and  other  members  of  the  vessel's 
complement in respect of their employment on the vessel, including costs of repatriation and social insurance 
contributions payable on their behalf; 

  (b) claims in respect of loss of life or personal injury occurring, whether on land or on water, in 
direct connection with the operation of the vessel; 

  (c) claims for reward for salvage services including special compensation relating thereto; 

  (d) claims for port, canal, and other waterway dues and pilotage dues and any other statutory dues 
related to the vessel; 

  (e) claims based on tort arising out of loss or damage caused by the operation of the vessel other than 
loss or damage to cargo and containers carried on the vessel. 

(2) The maritime lien specified in sub-section (1) shall continue to exist on the vessel notwithstanding any 
change of ownership or of registration or of flag and shall be extinguished after expiry of a period of one year 
unless, prior to the expiry of such period, the vessel has been arrested or seized and such arrest or seizure has led 
to a forced sale by the High Court: 

  Provided that for a claim under clause (a) of sub-section (1), the period shall be two years from the 
date on which the wage, sum, cost of repatriation or social insurance contribution, falls due or becomes 
payable. 

(3) The maritime lien referred to in this section shall commence— 

  (a) in relation to the maritime lien under clause (a) of sub-section (1), upon the claimant's discharge 
from the vessel; 

  (b) in  relation  to  the  maritime  liens  under  clauses  (b)  to  (e)  of  sub-section  (1),  when  the  claim 
arises, 

and shall run continuously without any suspension or interruption: 

  Provided that the period during which the vessel was under arrest or seizure shall be excluded. 

(4) No maritime lien shall attach to a vessel to secure a claim which arises out of or results from— 

  (a) damage in connection with the carriage of oil or other hazardous or noxious substances by sea 
for which compensation is payable to the claimants pursuant to any law for the time being in force; 

  (b) the  radioactive  properties  or  a  combination  of  radioactive  properties  with  toxic,  explosive  or 
other hazardous properties of nuclear fuel or of radioactive products or waste. 

10. **Order of priority of maritime claims.**—(1)  The  order  of  maritime  claims  determining  the 
inter se priority in an admiralty proceeding shall be as follows:— 

  (a) a claim on the vessel where there is a maritime lien; 

  (b) registered mortgages and charges of same nature on the vessel; 

  (c) all other claims. 

(2) The following principles shall apply in determining the priority of claims inter se— 

  (a) if there are more claims than one in any single category of priority, they shall rank equally; 

  (b) claims  for  various  salvages  shall  rank  in  inverse  order  of  time  when  the  claims  thereto 
accrue. 

11. **Protection  of  owner,  demise  charterer,  manager  or  operator  or  crew  of  vessel 
arrested.**—(1) The  High  Court  may,  as  a  condition  of  arrest  of  a  vessel,  or  for  permitting  an  arrest 
already effected to be maintained, impose upon the claimant who seeks to arrest or who has procured the 
arrest of the vessel, an obligation to provide an unconditional undertaking to pay such sums of money as 
damages or such security of a kind for an amount and upon such terms as may be determined by the High 
Court, for any loss or damage which may be incurred by the defendant as a result of the arrest, and for 
which the claimant may be found liable, including but not restricted to the following, namely:— 

  (a) the arrest having been wrongful or unjustified; or 

  (b) excessive security having been demanded and provided. 

(2) Where pursuant to sub-section (1), the person providing the security may at any time, apply to the 
High Court to have the security reduced, modified or cancelled for sufficient reasons as may be stated in 
the application. 

(3) If the owner or demise charterer abandons the vessel after its arrest, the High Court shall cause the 
vessel  to  be  auctioned  and  the  proceeds  appropriated  and  dealt  with  in  such  manner  as  the  court  may 
deem fit within a period of forty-five days from the date of arrest or abandonment: 

  Provided that the High Court shall, for reasons to be recorded in writing, extend the period of auction 
of the vessel for a further period of thirty days. 

###CHAPTER III 

###PROCEDURE AND APPEALS 

12. **Application of Code of Civil Procedure.**—The  provisions  of  the  Code  of  Civil  Procedure,  1908 
(5 of 1908) shall apply in all the proceedings before the High Court in so far as they are not inconsistent with or 
contrary to the provisions of this Act or the rules made thereunder. 

13. **Assistance of assessors.**—(1) Notwithstanding anything contained in any  other law for the time 
being  in  force,  the  Central  Government  shall  appoint  by  notification,  a  list  of  assessors  with  such 
qualifications and experience in admiralty and maritime matters, the nature of duties to be performed by 
them, the fees to be paid to them and other ancillary or incidental matters for the purposes of this Act, in 
the manner as may be prescribed. 

(2) The appointment of assessors shall not be construed as a bar to the examination of expert witnesses 
by any of the parties in any admiralty proceeding. 

14. **Appeal.**—Notwithstanding  anything  contained  in  any  other  law  for  the  time  being  in  force,  an 
appeal shall lie from any judgment, decree or final order or interim order of a single Judge of the High 
Court under this Act to a Division Bench of the High Court. 

15. **Transfer of proceedings by Supreme Court.**—The Supreme Court may on an application of any 
party, transfer, at any stage, any admiralty proceeding from one High Court to any other High Court and 
the latter High Court shall proceed to try, hear and determine the matter from the stage at which it stood 
at the time of transfer: 

  Provided that no such proceeding shall be transferred unless parties to the proceeding have been given 
an opportunity of being heard in the matter. 

###CHAPTER IV 

###MISCELLANEOUS 

16. **Power to make rules.**—(1) The Central Government may, by notification in the Official Gazette, 
make rules for carrying out the purposes of this Act. 

(2) In particular, and without prejudice to the generality of the foregoing power, the rules may provide 
for all or any of the following matters, namely:— 

  (a) the  qualification,  experience,  nature  of  duties  and  fee  to  be  paid  to  the  assessors  and  other 
ancillary or incidental matters under sub-section (1) of section 13; 

  (b) the  practice  and  procedure  of  admiralty  jurisdiction  under  this  Act  including  fees,  costs  and 
expenses in such proceedings; and 

  (c) any other matter which is required to be, or may be, prescribed. 

(3) Until rules are made under sub-section (2) by the Central Government, all rules for the time being 
in force governing the exercise of admiralty jurisdiction in the High Courts shall be applicable. 

(4) Every  rule  made  under  this  Act  shall  be  laid,  as  soon  as  may  be  after  the  rule  is  made,  or 
notification issued before each House of Parliament while it is in session for a total period of thirty days 
comprised in one session or in two or more successive sessions and if, before the expiry of the session 
immediately following the session or the successive sessions aforesaid both Houses agree in making any 
modification  in  the rule  or  notification  or  both  Houses  agree  that  the  rule  or  notification  should  not be 
made or issued, the rule or notification shall thereafter have effect, only in such modified form or be of no 
effect,  as  the  case  may  be;  so,  however,  that  any  such  modification  or  annulment  shall  be  without 
prejudice to the validity of anything previously done under that rule or notification. 

17. **Repeal and savings.**—(1) The  application  in  India  of  the  following  enactments  are  hereby 
repealed— 

  (a)  the Admiralty Court Act, 1840 (3 and 4 Vict., c. 65); 

  (b) the Admiralty Court Act, 1861 (24 and  25 Vict., c. 10); 

  (c) the Colonial Courts of Admiralty Act, 1890 (53 and 54 vict., c. 27); 

  (d) the Colonial Courts of Admiralty (India) Act, 1891 (16 of 1891); and 

  (e) the provisions of the Letters Patent, 1865 in so far as they apply to the admiralty jurisdiction 
of the Bombay, Calcutta and Madras High Courts. 

(2) Notwithstanding  the  repeal,  all  admiralty  proceedings  pending  in  any  High  Court  immediately 
before the commencement of this Act shall continue to be adjudicated by such court in accordance with 
the provisions of this Act. 

(3) Anything done or any action taken, under the provisions of the repealed enactments, shall in so far 
as such thing or action is not inconsistent with the provisions of this Act, be deemed to have been done or 
taken  under  the  corresponding  provisions  of  the  Act  as  if  the  said  provisions  were  in  force  when  such 
thing was done or such action was taken and shall continue to be in force accordingly until superseded by 
anything done or any action taken under this Act or rules made thereunder. 

(4) Any rule, regulation, bye-law made or order or notice issued under the repealed enactments, shall 
so far as it is not inconsistent with the provisions of this Act or rules made thereunder be deemed to have 
been done or taken under the corresponding provisions of this Act. 

18. **Power to remove difficulties.**—(1) If any difficulty arises in giving effect to the provisions of this 
Act, the Central Government may, by order published in the Official Gazette, make such provisions, not 
inconsistent with the provisions of this Act as may appear to it to be necessary for removing the difficulty: 

  Provided that no such order shall be made after the expiry of a period of three years from the date of 
commencement of this Act. 

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each 
House of Parliament.